Scarlett and Shelton (Child support)
Case
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[2019] AATA 5205
•28 October 2019
Details
AGLC
Case
Decision Date
Scarlett and Shelton (Child support) [2019] AATA 5205
[2019] AATA 5205
28 October 2019
CaseChat Overview and Summary
The applicant, Scarlett, sought to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning her children with the respondent, Shelton. The dispute centred on whether there had been a change to the likely pattern of care for the children, which would justify revoking the existing determinations. The matter was before Member M Baulch of the relevant tribunal.
The primary legal issue before the Member was to determine whether the applicant had established that there had been a change to the likely pattern of care for the children since the last percentage of care determination was made. This required an assessment of the factual circumstances and whether they met the threshold for a change in the established care arrangements.
The Member's reasoning focused on the evidence presented regarding the current care arrangements. The Member found that the evidence did not demonstrate a significant or lasting change to the likely pattern of care that would warrant revoking the existing percentage of care determinations. The existing determinations were therefore affirmed.
The primary legal issue before the Member was to determine whether the applicant had established that there had been a change to the likely pattern of care for the children since the last percentage of care determination was made. This required an assessment of the factual circumstances and whether they met the threshold for a change in the established care arrangements.
The Member's reasoning focused on the evidence presented regarding the current care arrangements. The Member found that the evidence did not demonstrate a significant or lasting change to the likely pattern of care that would warrant revoking the existing percentage of care determinations. The existing determinations were therefore affirmed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Procedural Fairness
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Statutory Construction
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